What is the test for showing prejudice in a claim of ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Larrimore, B221303 (Cal. App. 2012):

The showing of prejudice requires "'a reasonable probability that a more favorable outcome would have resulted . . ., i.e., a probability sufficient to undermine confidence in the outcome.' [Citations.]" (People v. Fairbank(1997) 16 Cal.4th 1223, 1241.) "A defendant must prove prejudice that is a '"demonstrable reality," not simply speculation.' [Citations.]" (Ibid.) In evaluating a claim of ineffective assistance of counsel, "'a court need not determine whether counsel's performance was deficient before examining the prejudice suffered by the defendant as a result of the alleged deficiencies . . . . If it is

Page 39

Other Questions


How have courts treated the issue of ineffective assistance claims in the context of an ineffective assistance claim? (California, United States of America)
Is ineffective assistance to counsel ineffective assistance of counsel? (California, United States of America)
What is the record of the appellant's appeal against a finding that counsel provided ineffective assistance and ineffective assistance to counsel? (California, United States of America)
Can a defendant bring a claim for ineffective assistance of counsel against counsel who failed to follow up with follow-up questions? (California, United States of America)
Can a claim of ineffective assistance of counsel be determined on the ground of lack of prejudice? (California, United States of America)
Is ineffective assistance of counsel ineffective on the basis of prejudice? (California, United States of America)
Is ineffective assistance the burden of proving ineffective assistance of counsel? (California, United States of America)
What is the effect of ineffective assistance on the ineffective assistance claim? (California, United States of America)
Is ineffective assistance of counsel ineffective assistance on appeal? (California, United States of America)
Does a motion for a new trial on ineffective assistance of counsel fail to address the issue of ineffective assistance? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.